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New York Criminal Defense Legal Questions

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323 legal questions have been posted about criminal law by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include theft, weapons charges, and death penalty. All topics and other states can be accessed in the dropdowns below.
New York Criminal Defense Questions & Legal Answers - Page 7
Do you have any New York Criminal Defense questions page 7 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 323 previously answered New York Criminal Defense questions.
Criminal Law
New York

Recent Legal Answers

What is the penalty for making a false confession to protect the actual offender?

Answered 11 years and 2 months ago by Scott A. Brenneck (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
A person who files a files a false statement or lies under oath is subject to criminal prosecution. The charges and the punishment depend on the mechanism of the false information and many other variables.
A person who files a files a false statement or lies under oath is subject to criminal prosecution. The charges and the punishment depend on the... Read More

Will they accept partial pay and extend if I have a court date to pay a $700 fine and surcharge and I only have $450?

Answered 11 years and 2 months ago by Scott A. Brenneck (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
The terms by which a court will accept payment vary from court to court. However, in my experience if you can demonstrate to the court that you are making an effort and will have the full amount within a short time they will give you additional time to gather the necessary funds. Please keep in mind thought that each court is different and your lawyer should be able to tell you what the practice and customs are of the court your case is pending in.... Read More
The terms by which a court will accept payment vary from court to court. However, in my experience if you can demonstrate to the court that you are... Read More

Will they accept partial pay and extend if I have a court date to pay a $700 fine and surcharge and I only have $450?

Answered 11 years and 2 months ago by Irwin G. Klein (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Probably. You will have to get the judge to extend your time to pay.
Probably. You will have to get the judge to extend your time to pay.

If you ask the police to show you the search warrant, can they refuse and threaten you?

Answered 11 years and 2 months ago by Scott A. Brenneck (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The police may enter your home under very limited circumstances and those circumstances dictate what they may do once they have entered. I would need additional facts to answer your question. Please feel free to contact my office so that we can discuss the details of your situation.
The police may enter your home under very limited circumstances and those circumstances dictate what they may do once they have entered. I would need... Read More

I have been subpoenaed but I have left the country, what do I do?

Answered 11 years and 3 months ago by Scott A. Brenneck (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If you are not able to respond to the subpoena you should contact the person provided on the subpoena. If you are unable to reach an agreed upon date for your appearance you may want to consult an attorney to discuss you other options.
If you are not able to respond to the subpoena you should contact the person provided on the subpoena. If you are unable to reach an agreed upon date... Read More

Will I go to jail for a second offense of petty larceny in 45 days?

Answered 11 years and 3 months ago by Scott A. Brenneck (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
There are a numbers of factors that go into a person's sentence for any crime. Those factors vary depending upon the jurisdiction the crime was committed in and the person's criminal history. Any time a defendant continues to commit crime when he or she has a pending charge it may have a significant impact on the potential punishment if he or she is convicted. Please feel free to contact my office to discuss your particular situation.... Read More
There are a numbers of factors that go into a person's sentence for any crime. Those factors vary depending upon the jurisdiction the crime was... Read More

Can the police keep my car in the impound and for how long?

Answered 11 years and 3 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The police and prosecutor may be holding your car as evidence or the prosecutor may intend on bringing a civil forfeiture action with respect to the car. You should consult with an attorney.
The police and prosecutor may be holding your car as evidence or the prosecutor may intend on bringing a civil forfeiture action with respect to the... Read More

Will a 1172a violate my ACD?

Answered 11 years and 3 months ago by Scott A. Brenneck (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Traffic violations usually do not violate an ACD. However, depending on what the underlying charge was the court may have imposed special conditions of the ACD. You should have been advised of the terms of your ACD when it was granted. If you weren't or you don't recall, contact your lawyer to determine the conditions of your ACD.... Read More
Traffic violations usually do not violate an ACD. However, depending on what the underlying charge was the court may have imposed special conditions... Read More

Will I get in trouble if I recant my statement?

Answered 11 years and 3 months ago by Scott A. Brenneck (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
This is a very complicated discussion and I would need additional information to give you reliable advice. Recanting a statement can expose you to certain consequences and they largely depend on the facts of each case: what you said in the statement, what role you played in the case, and what independent evidence they have regarding the content of your statement. Please feel free to contact my office to discuss the particulars of your situation.... Read More
This is a very complicated discussion and I would need additional information to give you reliable advice. Recanting a statement can expose you to... Read More

If I was arrested as a passenger because of marijuana in the car can I be forced to take a urine test a month later?

Answered 11 years and 3 months ago by Scott A. Brenneck (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You can never be forced to take a urine test. However, remember that refusing a request of a court, police officer or prosecutor may have consequences. Depending on the circumstances the test may help you. This is something that should be discussed with your lawyer. You need to understand why you are being asked to take this test and what are the possible benefits and consequences.... Read More
You can never be forced to take a urine test. However, remember that refusing a request of a court, police officer or prosecutor may have... Read More

What are the chances of jail time if I was caught and arrested for petty theft?

Answered 11 years and 3 months ago by Scott A. Brenneck (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
From what you are describing it sounds like you were charged with petit larceny. In New York that is a class A misdemeanor with a range of possible penalties from one year in jail, probation for up to three years or a one year conditional discharge. There may also be fines and surcharges. The penalties you face depend on many variables and the Court or the District Attorney can choose to offer a lenient sentence. It is unusual that a first time offender who is willing to make restitution would face jail time unless there are aggravating factors. Please feel free to contact me to discuss the details of your situation.... Read More
From what you are describing it sounds like you were charged with petit larceny. In New York that is a class A misdemeanor with a range of possible... Read More

Can I have the order of protection and charges on my fiance dropped?

Answered 11 years and 3 months ago by Scott A. Brenneck (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
As a complainant or victim you are not a party the action so you do not have the authority to "drop" the charges. Orders of protection are largely in the discretion of the court. That being said, usually if you express you concerns and desires to the court and the district attorney they will consider them and based on the circumstances you position may or may not be controlling.... Read More
As a complainant or victim you are not a party the action so you do not have the authority to "drop" the charges. Orders of protection are largely in... Read More

Will an ACD show up on my record?

Answered 11 years and 3 months ago by Scott A. Brenneck (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The purpose of an ACD is to restore the recipient to the same status they occupied immediately before their arrest. So in essence an ACD is meant to vacate the arrest. The effectiveness of that varies greatly depending on how the court sealed the record and who is looking at you record. For the most part an ACD should not show unless there was an error in the way the case was closed or the person or agency doing the background check has access to your fingerprint based rap sheet. Please feel free to call my office to discuss the particulars of you situation.... Read More
The purpose of an ACD is to restore the recipient to the same status they occupied immediately before their arrest. So in essence an ACD is meant to... Read More

What can I do to get back to work?

Answered 11 years and 3 months ago by Eric E Rothstein (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
You should be able to get a declined prosecution letter from the DA.
You should be able to get a declined prosecution letter from the DA.

What can I do to get back to work?

Answered 11 years and 3 months ago by Scott A. Brenneck (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
If you were issued a ticket there must be a record of how that ticket was disposed of. You should check with the clerk of the court or the District Attorney who declined to prosecute. Feel free to contact me at my office to discuss the particulars of your situation.
If you were issued a ticket there must be a record of how that ticket was disposed of. You should check with the clerk of the court or the District... Read More

How do you turn yourself in for a prison sentence imposed by a judge?

Answered 11 years and 3 months ago by Scott A. Brenneck (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
If the court gave you the courtesy of delaying taking you into custody they usually tell you where to turn yourself in. If the court did not give you specific instructions I would call your local sheriff's office or whatever jail you were supposed to be taken to. Also, you run the risk of an enhanced sentence if you fail to comply with the Court's directions.... Read More
If the court gave you the courtesy of delaying taking you into custody they usually tell you where to turn yourself in. If the court did not give you... Read More

How can one get indicted and not know they have a case but find out month later?

Answered 11 years and 4 months ago by Scott A. Brenneck (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
So long as there isn't an accusatory instrument pending in a local court the Grand Jury may issue what is called a sealed indictment. The person being indicted would have no notice until the matter is reported out, scheduled for arraignment or a warrant is issued. It is quite common and permissible.... Read More
So long as there isn't an accusatory instrument pending in a local court the Grand Jury may issue what is called a sealed indictment. The person... Read More

What can I do if my wife was and or still having an affair with a married state trooper detective with many connections and I am being harassed?

Answered 11 years and 4 months ago by Andrew Tyler Velonis (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Criminal Defense
Unfortunately, most of what you describe will be next to impossible to prove, and my best guess is, very expensive to do so. I suppose you could hire a private investigator to do counter-surveillance, then once the necessary evidence has been assembled, lodge a complaint with the State Police. Be prepared, though: they will claim you are paranoid and vindictive etc and try to discredit you. It is also possible that you are over-estimating what they are actually doing.... Read More
Unfortunately, most of what you describe will be next to impossible to prove, and my best guess is, very expensive to do so. I suppose you could... Read More

If I want to turn myself in can I do it in any prison?

Answered 11 years and 4 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You can just walk in to you're local police station and tell them why you are there. However, you should speak to a criminal lawyer first, before you surrender.
You can just walk in to you're local police station and tell them why you are there. However, you should speak to a criminal lawyer first, before you... Read More

Can my sister receive an alternative to jail program?

Answered 11 years and 4 months ago by Eric E Rothstein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
More facts are needed but I suggest that she hire a good criminal defense lawyer.
More facts are needed but I suggest that she hire a good criminal defense lawyer.

Do I qualify for the deferred action even if I have a juvenile felony?

Answered 11 years and 5 months ago by Thomas Edward Gates (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Criminal Defense
While the prosecutor will be aware of your record, s/he will likely not prevent you from a deferred action. Keep in mind that you want to try and seek a Stipulated Order of Continuance. If you cannot get the SOC, ten go for the deferred. For the deferred, you will have to plead guilty, however after you completed all the sentence terms and are done with probation, the guilty is replaced with a deferred. You will want to expunge your record afterwards. Similarly, you can get your juvenile record sealed.... Read More
While the prosecutor will be aware of your record, s/he will likely not prevent you from a deferred action. Keep in mind that you want to try and... Read More

Should I represent myself if I was charged with petty larceny and went to jail the day I was arrested?

Answered 11 years and 5 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
No, you shouldn't represent yourself. If you just plead guilty you will have a criminal record. If you are represented by a criminal defense lawyer you may be able to resolve your case without having a criminal record! GET A LAWYER!
No, you shouldn't represent yourself. If you just plead guilty you will have a criminal record. If you are represented by a criminal defense lawyer... Read More

Is my 17 year old son facing jail time after being charged with theft?

Answered 11 years and 5 months ago by Irwin G. Klein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
You need to provide more information. Each case depends on its on specific facts. Also, the County he is charged in may affect the end result.
You need to provide more information. Each case depends on its on specific facts. Also, the County he is charged in may affect the end result.

Can plaintiff still go after me to pay my son’s judgment if he's already 18 years old?

Answered 11 years and 5 months ago by Andrew Tyler Velonis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Criminal Defense
The operative period of time is when the incident occurred. You are being sued because it is claimed that you were somehow legally responsible for what happened. If you were, then liability can be assessed against you. The fact that circumstances have changed since then does not change the liability as of the time the incident happened.... Read More
The operative period of time is when the incident occurred. You are being sued because it is claimed that you were somehow legally responsible for... Read More
Criminal Law
New York

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